Petitioner is accused in Crime No.467 of 2014 of the Nedumkandam Police Station for the offence punishable under Section 17 of the Kerala Money Lenders Act, 1958, apprehends arrest and has filed the application. 2. Learned Public Prosecutor has opposed the application. It is submitted that in the year, 2003 the de facto complainant borrowed `40,000/- from the petitioner and executed a sale deed as security on condition of re- conveyance of the property on repayment of the amount. In spite of re-payment, the property is not re- conveyed.
3. Learned counsel submits that the allegations are not true. It is submitted that the de facto complainant has filed O.S.No.57 of 2007 seeking relief with respect to the property sold in favour of the petitioner. It is revealed that there was no seizure of any incriminating article from the possession of the petitioner.
4. In the above circumstances, I am inclined to think that the custodial interrogation of the petitioner is not required. Hence, I am inclined to grant relief but subject to conditions.
The application is allowed as under :
1. Petitioner shall surrender before the officer investigating the case on 27.06.2014 at about 10 am for interrogation.
2. In case interrogation is not completed that day, the petitioner shall appear before the officer investigating the case on any other day/days and time as directed by the investigating officer.
3. The petitioner shall co-operate with investigation of the case.
4. In case the petitioner is arrested, he shall be released on bail (if not required to be detained otherwise) by the arresting officer on his executing bond for `20,000/- (Rupees twenty thousand only) with two sureties each for the like sum each before the arresting officer and subject to the following conditions :
a. One of the sureties shall be a close relative of the petitioner.
b. Petitioner shall report to the investigating officer as and when required for interrogation.
c. Petitioner shall not engage in money lending business without permission from the appropriate authorities.
d. Petitioner shall not influence or intimidate any of the witnesses.
e. In case any of conditions Nos.(b) & (d) is violated, it is open to the investigating officer to file application before the jurisdictional magistrate for cancellation of the bail granted hereby, as held in P.K.Shaji v.State of Kerala [AIR 2006 SC 100].
AMV sd/-
THOMAS P. JOSEPH JUDGE /TRUE COPY/ P.A.TO JUDGE